Court of Appeal for Ontario

Date: 2018-12-21 Docket: C61715

Judges: Juriansz, Brown and Roberts JJ.A.

Between

Her Majesty the Queen Respondent

and

Lawrence John Dowser Appellant

Counsel

Michael Dineen, for the appellant

Andrew Cappell, for the respondent

Hearing

Heard: December 19, 2018

On appeal from the conviction entered on March 18, 2015 and the sentence imposed on April 22, 2015, and amended May 22, 2015, by Justice Brian W. Abrams of the Superior Court of Justice, sitting with a jury.

Appeal Book Endorsement

[1] We see no merit in this appeal. The appellant raises matters to which defence counsel at trial did not object, and which did not affect the fairness of the trial.

[2] The appeal is dismissed.

[3] Leave is granted to appeal sentence and the sentence appeal is allowed. The Crown concedes the trial judge made calculation errors. In the circumstances, we accept the appellant's submissions the sentence imposed should have been time served.

[4] We vary the sentence accordingly.